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Exchanging Telemedicine Blows – Texas Medical Board’s Turn

On December 14, 2015, the United States District Court for the Western District of Texas refused to dismiss antitrust claims filed by a telemedicine provider against the state's medical board, alleging that certain board regulations were anticompetitive and imposed to protect state-licensed physicians against competition from telemedicine providers. Filed in the wake of the United [...]


There’s A Subscription For That

Patient satisfaction is more than a buzz word, it is a requirement.  Not just in any business, but in the business of medicine too.  Physician compensation models are being revamped across the country to add quality measurements that include factoring in the patient's experience. Some physicians have moved to a concierge approach to practicing medicine. [...]


Protecting Your Medical License

You took classes that were challenging and restrictive.  You volunteered in healthcare settings, applied for medical school and survived your residency or fellowship program.  Now that you have secured your medical license, do everything you can to pay attention to inquiries from your medical board.  The Dallas County Medical Society annually features legal issues in [...]


Were You Looking for Pastoral Intervention?

Seeking out solutions to health issues seems to get more complicated each day.  In the morning, reporters summarize a study saying to consume X but by evening, reporters say there is a study saying to do the exact opposite of X.  Consumers wonder what food, supplements and activities can reduce health concerns.  Consumers crave alternative [...]


A Bus Token Is Not Enough

The Emergency Medical Treatment and Labor Act (EMTALA)  is a federal law that requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay.  The act was passed in 1986.   It is commonly known as the anti-dumping act.  It was designed to prevent hospitals from [...]


Olympus Kickbacks to Physicians Cost $623M

Patients want access to quality physicians and medical products.  Concerns are raised when a physician's judgment about which drug or device to use on a patient is clouded by the amount of money or perks he or she receives for the recommendation.  Olympus has landed itself in the middle of such a situation.  In one [...]


DIY at the Courthouse?

Today, I attended a hearing to defend a physician's rights in a matter totally unrelated to the practice of medicine.  The plaintiff had improperly (more like incorrectly) identified my client and really it should have been someone else.  My involvement in identifying the legal discrepancies resulted in a voluntary dismissal for my client.  Great win [...]


Pain Creams Under Investigation

The U.S. Justice Department is in the early stages of investigating what authorities believe to be roughly $500 million in healthcare fraud perpetrated by companies that sell specialty creams designed to treat pain and other conditions, according to the Wall Street Journal.  Under the Federal Food, Drug and Cosmetic Act ("FDCA"), generally, compounding is a practice [...]


Know Your Patients’ Pain Management Habits

A physician in California found out the hard way that knowing her patients' pain management habits is critical information.  Dr. Hsiu-Ying frequently prescribed painkillers such as Percocet and Vicodin to her patients.  She did not, however, spend enough time determining whether those same patients had drug-seeking behavior or other drug addictions.  More than a dozen [...]


Medical Devices Need Cybersecurity Too

Cybersecurity threats are everywhere.  Certain medical devices are susceptible to breaches in cybersecurity too.  Many modern devices contain software integration allowing for updates in function and communication with healthcare providers.  Improper modifications too medical device software may present a serious threat to the device's safety and effectiveness.  The Food and Drug Administration recently issued a draft guidance for [...]

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